DHS Life Jacket Rule - Sept. 10, 2014

8/11/2019 DHS Life Jacket Rule - Sept. 10, 2014

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This document is scheduled to be published in the

Federal Register on 09/10/2014 and available online at

http://federalregister.gov/a/2014-21541, and on FDsys.gov

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9110-04-P

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 2, 24, 25, 30, 70, 90, and 188

[Docket No. USCG-2012-0919]

RIN 1625-AB83

Lifesaving Devices Uninspected Commercial Barges and Sailing Vessels

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is aligning its regulations with the 2010 Coast Guard

Authorization Act. Before 2010, certain uninspected commercial vessels including

barges and sailing vessels fell outside the scope of the statute requiring the Coast Guard

to regulate lifesaving devices on uninspected vessels. Lifesaving devices were required

on such uninspected commercial vessels only if they carried passengers for hire. The

2010 Act brought all uninspected commercial vessels within the scope of the statutory

requirement to carry lifesaving devices even if they carry no passengers for hire. The

effect of the 2010 Act was to bring, for the first time, uninspected non-passenger

commercial barges and sailing vessels within the scope of the lifesaving devices

requirement. The Coast Guard is now requiring the use of wearable personal flotation

devices for individuals on board those vessels, and amending several regulatory tables to

reflect that requirement. This rulemaking promotes the Coast Guards marine safety

mission.
http://federalregister.gov/a/2014-21541.pdfhttp://federalregister.gov/a/2014-21541


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DATES: This final rule is effective [INSERT DATE 30 DAYS AFTER DATE OF

PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: Comments and material received from the public, as well as documents

mentioned in this preamble as being available in the docket, are part of docket USCG-

2012-0919 and are available for inspection or copying at the Docket Management

Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room

W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5

p.m., Monday through Friday, except Federal holidays. You may also find this docket on

the Internet by going to http://www.regulations.gov, inserting USCG-2012-0919 in the

Keyword box, and then clicking Search.

FOR FURTHER INFORMATION CONTACT: For information about this document,

call or e-mail Mr. Martin Jackson, Office of Design and Engineering Standards,

Lifesaving and Fire Safety Division (CG-ENG-4), Coast Guard; telephone 202-372-1391,

e-mail [email protected]. For information about viewing or submitting

material to the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations,

telephone 202-366-9826, toll free 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. AbbreviationsII. BackgroundIII. Discussion of CommentsIV Discussion of the RuleV. Regulatory Analyses

A. Regulatory Planning and ReviewB. Small EntitiesC. Assistance for Small EntitiesD. Collection of InformationE. Federalism


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F. Unfunded Mandates Reform ActG. Taking of Private PropertyH. Civil Justice ReformI. Protection of ChildrenJ. Indian Tribal Governments

K. Energy EffectsL. Technical StandardsM. Environment

I. Abbreviations

CFR Code of Federal RegulationsE.O. Executive OrderFR Federal RegisterMISLE Marine Information for Safety and Law

EnforcementNPRM Notice of proposed rulemakingOSHA Occupational Safety and Health

AdministrationPFD Personal flotation devicePub. L. Public Law Section symbolThe Act 2010 Coast Guard Authorization ActU.S.C. United States Code

II. Background

Sections 2103 and 4102 of title 46, United States Code (U.S.C.), provide the legal

basis for this rule. Section 2103 gives the Secretary of the department in which the Coast

Guard is operating general regulatory authority to carry out the provisions of 46 U.S.C.

Subtitle II (Vessels and Seamen). Section 4102(b)1requires the Secretary to prescribe

regulations requiring the installation, maintenance, and use of life preservers and other

lifesaving devices for individuals on board uninspected vessels. The Secretary of

1As amended by section 619 of the 2010 Coast Guard Authorization Act, Pub. L. 111-281, 124 Stat. 2905.


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Homeland Securitys authority under 46 U.S.C. 2103 and 4102 is delegated to the Coast

Guard.2

The uninspected vessels to which section 4102(b) applies are not subject to

inspection under 46 U.S.C. 3301 and are not recreational vessels.3Until passage of the

2010 Coast Guard Authorization Act (the Act), section 4102(b) applied only to

uninspected vessels propelled by machinery, and thus excluded certain uninspected

commercial vessels including most barges and some sailing vessels unless they carried

passengers for hire.4 Current Coast Guard regulations that implement section 4102(b)

reflect the propelled by machinery requirement and therefore specifically exempt those

excluded barges and sailing vessels.5

The purposeof the rule is to implement 46 U.S.C. 4102(b) as amended by the

Act. The Act deleted the requirement in section 4102(b) that vessels be propelled by

machinery. As amended, section 4102(b) now requires all non-recreational uninspected

vessels, regardless of vessel type or mode of propulsion, to make an appropriate form of

lifesaving device available for the use of individuals on board the vessel. The types and

numbers of devices appropriate for each type of vessel are left to the Coast Guards

discretion, as are the requirements for installing, maintaining, and using those devices.

III. Discussion of Comments and Changes

Our 2013 notice of proposed rulemaking (NPRM)6drew comments from 11

sources: 4 from the barge industry, 1 industry worker, 1 industry association, 1

2DHS Delegation No. 0170.1(II)(92)(a), (92)(b).3See 46 U.S.C. 2101(25) and (43) for the definitions of recreational vessel and uninspected vessel.4Vessels carrying passengers for hire are inspected vessels covered by 46 U.S.C. 3301.5See46 CFR 25.25-1(c), (d).678 FR 42739 (Jul. 17, 2013).


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association representing workers,7and 4 individuals who did not indicate their

affiliations, if any. We have revised the regulatory text of this final rule in response to

some of the comments.

Public meetings. One industry commenter said that changing the regulations in a

way that might make sense for its operations might be incorrect for another operator,

and that therefore we should hold public meetings in which members of the public could

discuss how best to change the regulations. In our view, it was not necessary to hold

public meetings because the NPRM proposed regulatory text that would accommodate

the circumstances of different industry segments.

Vessels we overlooked. Two individuals said our proposals exclude some vessel

types that should be covered. The first commenter said that the congressional intention in

deleting propelled by machinery from 46 U.S.C. 4102(b) was to create parity for all

uninspected vessels both recreational and commercial with regard to lifesaving

equipment requirements. This commenter said that Table 24.05-1(a) in our existing 46

CFR regulations misleadingly implies that the only non-self-propelled vessels < 100

gross tons covered by 46 CFR chapter I, subchapter C are barges carrying passengers

or passengers-for-hire that are not also subject to inspection as 46 CFR chapter I,

subchapter H, K, or T passenger vessels. The commenter said that other non-self-

propelled vessels under 100 gross tons must also be subject to subchapter C, and thus

subject to lifesaving equipment requirements: for example, dredges, non-self-propelled

workboats, and rowed skiffs and tenders. Finally, the commenter informed us of a

Vermont-based sailing vessel that has recently entered commercial service and should be

covered under the proposed rule. Likewise, the second commenter mentioned vessels

7The association representing workers made two submissions to the docket.


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dredging for oysters in Maryland waters as examples of commercial sailing vessels that

we had overlooked.

We acknowledge that the NPRM stressed its applicability to barges and sailing

vessels. However, the NPRMs proposed regulatory language clearly applied to any

vessel that is subject to 46 CFR chapter I, subchapter C. As explained in Table 24.05-

1(a), subchapter C applies to all uninspected motor vessels, non-self-propelled vessels,

sailing vessels, and steam vessels. Skiffs and other motorized vessels are non-exempt

under subchapter C. Our population analysis includes any non-self-propelled vessel in

our database records that was previously exempt and is now affected by this final rule,

which includes unmanned, non-self propelled dredges. Oyster dredges, if in commercial

use, are commercial fishing vessels that are already subject to the personal flotation

device (PFD) requirements of 46 CFR 28.110. We did, however, add the Vermont-based

sailing vessel to our population analysis, although it is already in compliance with the

proposed requirements.

Wearing PFDs on barges.Two industry commenters, the industry worker, the

industry association, the association representing workers, and two individuals addressed

our proposed requirement for wearing PFDs on board a barge. The industry worker

estimated that only a small percentage of tankermen on oil and petroleum barges wear

PFDs, and said it was time to require PFD use. The worker association and one

individual also endorsed our proposed requirement. One industry commenter endorsed

wearing a PFD where there is a risk of falling overboard. The industry commenters,

the industry association, and the second individual provided examples of when wearing a

PFD would not be necessary to protect a persons safety on board a barge: for example,


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while in an office or shop facility on the barge, while working in a barge hopper, or when

walls or stanchions protect a worker from falling overboard from a moored barge. The

association representing workers acknowledged the second individuals comment, and

seemed to imply that a watch officer could use his or her discretion to determine under

what conditions wearing a PFD would be necessary. The worker association also

specified that the type of PFD we should require is the work vest commonly used on

barges and worn properly to be useful as a piece [of] personal protective gear.

We agree that workers in enclosed spaces on barges, or who are otherwise

protected by the barges configuration from falling overboard, do not need to wear PFDs

to ensure their safety, and we have revised 46 CFR 25.25-9(c) to require the wearing of a

PFD only while a worker is on board a barge and at risk of falling overboard. The

proposed regulatory language permits the use of commonly used PFDs on barges,

including work vests that are approved by the Coast Guard, and we include this provision

in the final rule.

PFD storage. Three industry commenters and the industry association

commented on our proposal to allow PFDs for use on a barge to be stored elsewhere than

on the barge itself, for example on the barges towboat. Two of the industry commenters

endorsed this proposal. Two industry commenters and the industry association suggested

changing our proposed regulatory language, to make the regulations easier to understand.

They suggested, in proposed 46 CFR 25.25-5(b), striking which must comply with

paragraph (b)(1) of this section or make substitutions authorized by paragraph (c) of this

section. They also suggested rewriting proposed 46 CFR 25.25-9(c) so that PFD storage

would be required only when PFD use is needed to ensure worker safety.


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We agree with these commenters. We made the suggested change in 25.25-

5(b), but went beyond that to remove the introductory language altogether, lest it

inadvertently serve to exempt all barges from the requirements of 25.25-5. To ensure

consistency, we also revised 25.25-5(b)(3), to make it clear that barges are exempt from

that paragraphs lifebuoy requirements. We have revised 25.25-9(c) to require the

wearing of a PFD only while a worker is on board a barge and at risk of falling

overboard.

Operator responsibility. Four industry commenters, the industry association, and

the worker association commented on our proposal to make the barge operator

responsible for ensuring compliance, in particular with the proposed requirement to wear

a PFD on board a barge. All five commenters agreed that placing this responsibility on

the barge operator would create ambiguity. Two of the industry commenters and the

industry association said that barge operator could refer to the barge owner, the

operator of an attending vessel, or even a fleet or dock worker. The worker association

said that the barge operator might not be in a position to ensure that the device is donned

properly or worn at all times. The worker association suggested that the officer in charge

of the watch would be the proper person to carry those responsibilities. The four industry

commenters pointed out that personnel representing many different operators might be on

board a barge at any given time, and that the only effective way to enforce the proper

wear of PFDs on board the barge would be make each individuals employer responsible

for ensuring compliance.

We understand that the identity of the barge operator may change over time

depending on the barges operation at any given moment and that the key is to determine


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who controls access to the barge at the moment. When the barges owner controls that

access, the owner is also the operator; if it is the master of another companys tow that

controls access, that master is the operator; and if the barge is being fleeted and access is

controlled by the dock master, the dock master is the operator for purposes of these

regulations.

Throwable devices. The worker association and one individual commented on

devices that can be thrown to a person overboard, to assist in the persons rescue. The

individual said there are many instances where barges could be equipped with a

throwable (Type IV) device that is readily accessible in the event that a crewmember or

other individual falls in the water. The worker association said we should require a

barge to carry a throwable device if there are occasions when two or more persons are on

board, and recommended a trademarked model of lifebuoy that is equipped with a 100-

foot lifeline because of its superiority as an effective rescue tool.

We recommend the use of throwable devices when two or more persons are on a

barge, but we will not require that use at this time. Our emphasis in this final rule is on

wearablepersonaldevices. Developing requirements for throwable devices is outside the

scope of this rulemaking.

Occupational Safety and Health Administration (OSHA) regulations. The worker

association recommended that Coast Guard follow OSHAs example in certain areas.

The recommendations included determining whether towboats should be required to

carry lifesaving skiffs (as many of them already do), requiring a lifebuoy to be


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equipped with at least 90 feet of retrievable line, and adopting a regulation for working

over or near water that would be similar to OSHA requirements.8

We recommend the carriage of lifesaving skiffs and lifebuoys on vessels where

that carriage makes sense, but we will not require it at this time. Our emphasis in this

final rule is on wearablepersonaldevices. Developing requirements for skiffs and

lifebuoys is outside the scope of this rulemaking.

Economic data and analysis. The worker association and one individual

commented on our economic data and analysis. The association questioned our estimate

that 35,568 barges would be subject to our proposed regulations, and commented that

although our proposals seem to carry low cost, they also would do nothing to improve

safety on uninspected barges. The individual was disturbed by our data, indicating that

out of 40 casualties we examined, only one casualty was not wearing a life

preserver/PFD; he said that before changing any regulations, we should determine why so

many individuals died despite wearing a life preserver/PFD.

Based on comments regarding the population, we re-evaluated the affected

population and determined that an estimated 62,240 vessels are affected by this rule. We

made this determination by removing a filter for uninspected vessels, as some barges

may not be listed as uninspected.

As for the casualty data, it is important to keep in mind, when consulting our data,

that they are limited to the statistics we collect when investigating actual injuries and

deaths. The data do not reflect the many near misses that have occurred to people who

fell overboard without a life preserver/PFD and fortunately survived without major

injury.

8See 29 CFR 1926.106.


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Beyond scope. The worker association made three comments that we consider to

be beyond the scope of this rulemaking, and we have not reflected these comments in our

revisions to regulatory text. In each of this commenters two submissions to the docket,

the submission included copies of articles or previous comments relating to a variety of

maritime safety considerations. These were not presented in the context of this specific

rulemaking and did not indicate the relevance of this material to other specific comments

made by the association. The third comment was that the safety needs of persons working

below deck on uninspected barges, in confined spaces to pump, plug holes, inspect, etc.

need attention by the Coast Guard. Persons in confined work spaces in shipyards are

subject to OSHA regulations.9

IV. Discussion of the Rule

The Coast Guard is amending 46 CFR subpart 25.25, which concerns life

preservers and other lifesaving equipment on uninspected commercial vessels.

Section 25.25-1 exempts certain types of vessels from subpart 25.25. Paragraphs

(a) and (b) of the section exempt non-commercial vessels and vessels leased, rented, or

chartered to another for that persons non-commercial use. Paragraphs (c) and (d)

exempted uninspected commercial sailing vessels and barges that do not carry passengers

for hire. Paragraphs (c) and (d) reflected the pre-2010 inclusion of the propelled by

machinery condition in 46 U.S.C. 4102(b). Because section 4102(b) now mandates the

Coast Guard to require some form of lifesaving devices on uninspected commercial

vessels even if they do not carry passengers for hire, irrespective of propulsion, we are

removing 46 CFR 25.25-1(c) and (d).

9See 29 CFR part 1915, subpart B.


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We are amending the definitions in 46 CFR 25.25-3 by adding a definition for

approval series, a term we use elsewhere in the subpart to describe equipment

requirements.

We are amending 46 CFR 25.25-5, revising current paragraphs (b) through (f) to

eliminate references to equipment specifications that have become obsolete or that have

lost their Coast Guard-approved status since this section was last amended in 2002.

Although the regulatory text omits the language of current 25.25-5(f)(3), requiring

Type V commercial hybrid PFDs approved under approval series 160.077 to be worn

when a vessel is underway and the intended wearer is not within an enclosed space, the

substance of that provision is covered by the requirement in 25.25-5(c)(2)(i) for

approved commercial hybrid PFDs to be used in accordance with the conditions marked

on the PFD and in the owners manual. All Coast Guard-approved Type V hybrid PFDs

are labeled with, and their user manuals refer to, the conditions contained in current

25.25-5(f)(3). Otherwise, the requirements currently found in 25.25-5(b) through (f) are

not substantively changed, but are incorporated into revised 25.25-5(b) and (c). As

revised, 25.25-5 requires the operator of each vessel to which subpart 25.25 applies to

provide some form of wearable PFD, or an immersion suit, for individuals on board.

Except for barges, vessels longer than 26 feet must also be equipped with lifebuoys.

Lifebuoys typically are mounted on stanchions. Given the configuration of some barges,

installation of a lifebuoy stanchion could unreasonably interfere with operations, and

because often only one individual is on board a barge at any given time, should that

individual fall overboard there would be no one available to throw the lifebuoy to the

individual.


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We are amending 46 CFR 25.25-9 to allow PFDs for barge personnel to be

stowed remotely rather than on the barge itself, and to require barge operators to ensure

that PFDs are worn by individuals while they are on board a barge and at risk of falling

overboard. In addition, this requirement could be met by donning a work vest approved

under approval series 160.053, routinely used by personnel on barges. This is consistent

with current industry practice. Typically, barge operators stow PFDs on the barges

towboat, and require crew members to don PFDs before they go aboard a barge and to

wear them while on board. Allowing this not only increases safety but also does so at a

lower cost relative to the lifebuoy and barge stowage options.

We are amending tables in 46 CFR 2.01-7, 24.05-1, 30.01-5, 70.05-1, 90.05-1,

and 188.05-1. These tables describe the applicable Coast Guard regulations for different

vessel types, and are being revised to remove references to the 46 CFR 25.25-1(c) and (d)

exemptions that we are also removing.

Finally, we are revising the authority lines for each part affected by this rule, to

ensure that each authority line cites the Secretary of DHSs general regulatory authority

(delegated to the Coast Guard) to implement 46 U.S.C. Subtitle II, Vessels and Seamen.

V. Regulatory Analyses

We developed this rule after considering numerous statutes and executive orders

(E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes

or E.O.s.

A. Regulatory Planning and Review

E.O.s 12866 ("Regulatory Planning and Review") and 13563 ("Improving

Regulation and Regulatory Review") direct agencies to assess the costs and benefits of


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available regulatory alternatives and, if regulation is necessary, to select regulatory

approaches that maximize net benefits (including potential economic, environmental,

public health and safety effects, distributive impacts, and equity). E.O. 13563

emphasizes the importance of quantifying both costs and benefits, of reducing costs, of

harmonizing rules, and of promoting flexibility.

This rule is not a significant regulatory action under section 3(f) of E.O. 12866, as

supplemented by E.O. 13563, and does not require an assessment of potential costs and

benefits under section 6(a)(3) of that Order. The Office of Management and Budget

(OMB) has not reviewed it under that Order. Nonetheless, we developed an analysis of

the costs and benefits of the rule to ascertain its probable impacts on industry.

A final regulatory assessment follows:

As described in section II (Background) of this final rule, 46 U.S.C. 4102(b), as

amended by the Act, now makes all previously exempt uninspected commercial barges

and sailing vessels subject to Coast Guard regulation for the installation, maintenance,

and use of life preservers and other lifesaving devices for individuals on board. The Act

removed language that formerly limited the applicability of section 4102(b) to vessels

propelled by machinery, which effectively kept most commercial barges, which are not

self-propelled by machinery, as well as commercial sailing vessels, outside the scope of

section 4102(b). At this time, we are aware of only one uninspected commercial sailing

vessel not carrying passengers for hire currently in service (the Vermont vessel brought

to our attention by a public comment) but we determined that it has an auxiliary motor

and therefore can be self-propelled by machinery. That vessel has PFDs stored on board.


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Thus the data on which the rest of this discussion is based relate exclusively to

uninspected commercial barges not carrying passengers for hire.

As amended, 46 CFR 25.25-5(b) requires operators of affected vessels to store

and maintain at least one PFD for each person on board a barge.10 In lieu of storing a

PFD for each individual on board a barge, PFDs can be stored and maintained on another

vessel so long as crewmembers wear the PFDs while on board the barge when they are at

risk of falling overboard. For instance, uninspected commercial barges not carrying

passengers for hire carry low-cost cargos in bulk and generally do not carry individuals

on board. However, towing vessel personnel may be on board the barge to perform

specific tasks such as securing the barge to other barges or the towing vessel, or

providing lookout for the towing vessel.

While some firms that operate barges may also own them, for the purposes of this

analysis, we treat barge owners and operators as different entities. We assume that the

barge operators would be responsible for the PFDs because they are responsible for the

safety of their crews and therefore they would store a sufficient number of PFDs for each

crewmember on board the towing vessel. Under 46 CFR 25.25-9(c), a barge operator

may comply with 25.25-5(b) by storing PFDs elsewhere and ensuring that each

individual dons the equipment before boarding the barge and keeps it on for as long as

the individual remains on board, in lieu of maintaining PFDs on each barge. This would

reduce costs by eliminating the need to install storage facilities on each barge, and would

10While barges may in practice be tied together, there is no exception as to storing a set of lifesavingdevices for each barge rather than one per set of barges or around the perimeter of a set of barges. Towingvessels may transport barges from various barge owners and drop them off on a schedule, so havinglifebuoys and sets of PFDs on a perimeter of a set of barges may not be feasible.


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enable the typical industry practice of PFDs being worn to be substituted.11 We also

assume that the barge owners would then negotiate the PFD wear conditions with the

barge operators. While most barge operators require the wearing of PFDs on board a

barge, we received two comments that suggested that there may be a few barges that will

store PFDs on board.

We also received one comment that our estimated affected population may be too

low. In the NPRM, we had estimated a population of 35,568 barges (including currently

inactive and new barges). We revisited the Coast Guards Marine Information for Safety

and Law Enforcement (MISLE) database and estimate that there are 49,150 non-self

propelled, uninspected vessels not carrying passengers for hire. We made this

determination by removing a filter for uninspected vessels, as some vessels may not be

listed as uninspected. We then included an additional 13,090 vessels to account for

currently inactive and new vessels, which increases our overall population to 62,240

vessels. Table 1 summarizes the affected population, costs, and benefits of this rule.

Table 1: Summary of Affected Population, Costs and Benefits

Category Description

Applicability

Uninspected commercial vesselsNot propelled by machineryNot carrying passengers for hire

62,240 barges. (including new and currently inactivebarges)0 sailing vessels

Costs $140,420 10-Year, undiscounted cost.

11Based on information from the American Waterways Operators (AWO), we believe that the prevailingpractice is that crewmembers wear PFDs while on board a barge.


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Benefits (Qualitative)

Improves regulatory efficiency by providing technicalupdates to the Code of Federal Regulations, aligningthem to the U.S. Code and thereby reducing thepotential for uncertainty and confusion.Reinforces existing company policy and current

industry practice of PFD use.

Affected Population

Based on the Coast Guards MISLE database, we determined that there are 49,150

uninspected, commercial barges. Table 2 provides the list of barges by type.

Table 2: Affected Population by Type

Barge Type NPRM Barges FR Barges

Covered Dry Bulk 85 191

Covered General Cargo 2 41

Derrick/Crane Barge 2 0

Flat Deck Barge 41 322

General 126 48,004

Open Dry Bulk 156 430

Open General Cargo 15 128

Pontoon Barge 6

Roll-on Roll-off 28Unspecified 22,050 0

Work Platform 1 0

(blank)

Subtotal 22,478 49,150

Currently Inactive 4500 4,500

New 8,590 8,590

Total 35,568 62,240

We took the average number of newbuilds from Informal Economic from years

2006 to 2010 (859 newbuilds annually).12Based on information from Coast Guard

subject matter experts, we also estimated an additional 450 barges are currently inactive,

12Barge Fleet Profile, March 2012, Informal Economics.


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but could be added to the list of active barges in any given year. The number of

newbuilds and currently inactive barges adds 1,309 barges to the population annually.

Cost

The majority of barge operators require the wearing of PFDs while on board the

barge because it is a standard industry practice to wear one.13

In 46 CFR 25.25-5, if a

barge operator stores PFDs elsewhere and ensures that each individual dons the

equipment before boarding the barge and keeps it on for as long as the individual remains

on board, they can use the PFDs stored on the towing vessel in lieu of maintaining a set

on each barge. Presumably, a crewmember coming from a towing vessel would wear the

PFD that was originally stored on the towing vessel, which discussions with industry

show to be standard practice. Since this rule primarily deals with unmanned barges, we

assume that the majority of persons on a commercial barge will wear PFDs while on

board. However, based on two public comments, there may be a small number of barges

that will have PFDs stored on board. As stated by the commenters, these may be for

office or shop facilities located on a barge, crane and loader operators working on a

barge, or barge cleaners working in the hopper of a barge.

We determined the likelihood of PFDs stored on board a barge by the barge type;

covered dry bulk, covered general cargo, and pontoon barges were considered the most

likely to stow PFDs on board, due to clear perimeter deck area. Other barges tend to be

built with open hoppers and configured such that, when loaded with cargo, quick access

to PFDs on board may not be feasible . Based on this information, we estimate that at

most 238 barges may need to provide 5 PFDs on board and store them to be readily

13Based on information from the American Waterways Operators (AWO), we believe that the prevailingpractice is that crewmembers wear PFDs while on board a barge.


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accessible in a bin ($60).14 We also took the price of various PFDs and came up with an

average cost of $47 per PFD. We estimate the per-vessel cost to be $295 for a set of

PFDs and a storage bin (5 * $47 PFDs + $60 storage bin). At the per-barge rate of $295,

we anticipate the first year cost to be $70,210 ($295 * 238 barges.) We assume that all

vessels comply in year one. Due to general deterioration, we estimate that the lifespan of

a PFD is 5 years; therefore, vessels will need to periodically replace their PFDs. Table 3

provides the 10-year breakdown in cost.

Table 3: Undiscounted Cost to Provide PFDs

Year UndiscountedDiscount Rates

7% 3%

Year 1 $70,210 $65,617 $68,165

Year 2 $0 $0 $0

Year 3 $0 $0 $0

Year 4 $0 $0 $0

Year 5 $0 $0 $0

Year 6 $70,210 $46,784 $58,800

Year 7 $0 $0 $0

Year 8 $0 $0 $0

Year 9 $0 $0 $0

Year 10 $0 $0 $0

Total $140,420 $112,401 $126,965

Annualized $16,003 $14,884

Benefits

A benefit of this rule is the improvement in regulatory efficiency by providing

technical updates to the Code of Federal Regulations, aligning them to the U.S. Code and

14Costs range from $20, $40, $120, depending on the type of storage. http://www.amazon.com/KwikTek-T-Top-storage-holds-PFDs/dp/B0000AY25C, http://www.landfallnavigation.com/-sj110.html,http://www.stowmate.com/shop/pc/Life-Jacket-PFD-Storage-c8.htmhttp://www.stowmate.com/shop/pc/Life-Jacket-PFD-Storage-c8.htm


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thereby reducing the potential for regulatory uncertainty and confusion. Additionally, it

reinforces existing company policy and current industry practice with regard to PFD use.

In the NPRM, we reviewed MISLE casualty cases from the years 2003 to 2010

that could have been impacted by this proposed rule. During this time, there were 49

reported casualties involving falls overboard from barges, an average of approximately

four casualties a year. We reviewed these cases to see if the individual overboard wore a

PFD (or had ready access to one) and whether the availability of such devices could have

reduced the risk of death in a fall overboard.Of the casualties that we reviewed, we

found only one instance where the individual did not wear a PFD (despite company

policy requiring the use of a PFD). The casualty report noted that the failure to wear a

PFD was a contributing factor to the fatality. In this case, this proposed regulation may

have reinforced existing company policy of PFD use. Since the publication of the

NPRM, we reviewed additional MISLE casualty cases (2011 to 2012) for any additional

cases related to this rule and did not find any other falls overboard.

Alternatives

We examine four alternatives for this regulation.

Adopted Alternative Store and maintain enough PFDs for all persons on board.

The PFD can be worn in lieu of storage: This alternative was chosen because it meets

the statutory requirement at a minimal additional cost. Furthermore, this requirement

would be more in line with existing PFD requirements for other vessels and provides

regulatory flexibility in the option of storage or wearing of PFDs. Uninspected vessels

(such as towing vessels) must store and maintain a sufficient number of PFDs for every

individual on board the vessel in accordance with 46 CFR 25.25-5. In lieu of storing


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PFDs, companies can require individuals to wear a PFD or work vest. Companies have

the option of either instituting a policy of wearing PFDs while on board (which

discussions with industry and reviews of their casualty data show to be the case on the

majority of vessels) or otherwise making PFDs readily accessible. Compared to other

listed alternatives, this alternative provides the greatest flexibility and safety, at a minimal

cost.

Alternative 1 No actionCurrent industry practice is to require the wearing of

PFDs while on board a barge. However, some may not follow that practice and would

need to store the PFD on board. Furthermore, the Act directs the Secretary of DHS to

carry out specific regulatory actions; therefore if no action is taken, the Coast Guard,

having been delegated this rulemaking authority by the Secretary, will not fulfill its

Congressional mandate. This will further cause a conflict between U.S. Code and the

Code of Federal Regulations, resulting in regulatory uncertainty and confusion.

Alternative 2 Require that all vessels have a ring buoy, and store a sufficient

number of PFDs on board. In lieu of storing PFDs, persons can wear PFDs. This

alternative is similar to the proposed alternative in that it requires the wearing or storing

of PFDs (which we estimate to be no additional cost), but owners would also need to

install a ring buoy on board barges at an estimated cost of $267 per vessel (barge) every 5

years.15

Table 4 provides the breakdown of labor and material costs to install a ring buoy

on board a barge.

15Welder: 4 hours (Coast Guard subject matter expert)*$27 per hour(http://www.bls.gov/oes/2011/may/oes514121.htm) * load factor of 1.49. Therefore the welders loadedwage rate is $27.22 = ( $18.23 wage rate * 1.49 load rate).


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Table 4: Cost to Install a Ring Buoy on a Barge

Per BargeCost

Labor Hours(Welder) Wage Rate Ring Buoy brackets stanchion

$267 4 $27 $71 $46 $42

Table 5 provides the raw material cost to install a ring buoy. The averages of the

cost points were used.

Table 5: Cost Sources for Ring Buoys

Item Cost SourceDateAccessed

Ringbuoy (24

inch) $71.00 Average cost

Low $64.99

http://store.poolcenter.com/ring-buoy---uscg-approved-ring-buoy-24in-diameter-w-rope-p169873.aspx 02-Apr-14

High $77.99

http://www.westmarine.com/webapp/wcs/stores/servlet/Product_11151_10001_39507_-1?cid=chanintel_google&ci_src=14110944&ci_sku=39507 02-Apr-14

Brackets $46.00Average cost. Cost includes 3 brackets formounting

Low $6.99

http://www.boatbandit.com/ring-buoy-bracket-4344.aspx?gclid=CMukr8D-wb0CFUYV7AodbVAAaQ 02-Apr-14

High $23.98

http://www.rakuten.com/prod/whitecap-ss-ring-buoy-bracket/258723308.html?listingId=335700363&scid=pla_google_elmart&adid=18178&gclid=CK2yqef-wb0CFQ5gMgod5hUAZQ 02-Apr-14

Stanchion $42.00 2" x 2" of 1/4 inch thickness, 10 feet long

$42.00

http://www.discountsteel.com/items/A36_Hot_Rolled_Steel_Equal_Leg_Angle.cfm?item_id=183&size_no=19&sku_no=74&pieceLength=cut&len_ft=8&frmGS=true 02-Apr-14


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We anticipate that the 10-year undiscounted cost would be $31.6 million for this

alternative. This alternative was not chosen because it would cost more and not provide

additional benefit as the ring buoy would provide protection redundant to the PFD, and in

most cases, there would be no one available to deploy it. We estimate that all existing,

new, and currently inactive barges would need to install ring buoys. Table 6 provides the

breakdown in population and undiscounted costs by year.

Table 6: Undiscounted Cost to Install Ring Buoys.

Year Population Replacement per vessel cost Undiscounted Cost

Year 1 50459 0 $267 $13,472,553

Year 2 1309 0 $267 $349,503Year 3 1309 0 $267 $349,503

Year 4 1309 0 $267 $349,503

Year 5 1309 0 $267 $349,503

Year 6 1309 50459 $267 $13,822,056

Year 7 1309 1309 $267 $699,006

Year 8 1309 1309 $267 $699,006

Year 9 1309 1309 $267 $699,006

Year 10 1309 1309 $267 $699,006

Total 62240 55,695 $31,488,645

In addition to the cost to install ring buoys, barge owners would also need to

provide PFDs. The cost to provide PFDs was illustrated in Table 3, which was $70,210

in years 1 and 6. Table 7 combines the undiscounted cost from Tables 3 and 6, and

provides the 10-year breakdown in cost for this final rule. The cost includes the cost to

provide PFDs as well as the cost to install ring buoys.

Table 7. 10-year Cost for PFDs and Ring Buoys

Year Undiscounted

Discount Rates

7% 3%

Year 1 $13,542,763 $12,656,788 $13,148,314

Year 2 $349,503 $305,269 $329,440


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Year 3 $349,503 $285,299 $319,845

Year 4 $349,503 $266,634 $310,529

Year 5 $349,503 $249,191 $301,484

Year 6 $13,892,266 $9,257,003 $11,634,554

Year 7 $699,006 $435,306 $568,356

Year 8 $699,006 $406,828 $551,802

Year 9 $699,006 $380,213 $535,730

Year 10 $699,006 $355,339 $520,126

Total $31,629,065 $24,597,870 $28,220,179

Annualized $3,502,183 $3,308,266

Alternative 3 Require that all vessels have a ring buoy only. This change would

have the effect of requiring one ring buoy on board each vessel (barge). The ring buoy

would need to be installed (and replaced as needed) at an estimated cost to barge owners

of $267 per vessel (barge) every 5 years. At an estimated 62,240 active, inactive, and new

barges, we anticipate that this alternative would cost $31.5 million overall, undiscounted.

As mentioned above, the ring buoy would provide protection redundant to the PFD, and

in most cases, there would be no one available to deploy it. Table 8 provides the

undiscounted and discounted costs for this alternative.

Table 8. 10-year Cost to Install Ring Buoys

Year Undiscounted

Discount Rates

7% 3%

Year 1 $13,472,553 $12,591,171 $13,080,149Year 2 $349,503 $305,269 $329,440

Year 3 $349,503 $285,299 $319,845

Year 4 $349,503 $266,634 $310,529

Year 5 $349,503 $249,191 $301,484

Year 6 $13,822,056 $9,210,220 $11,575,754

Year 7 $699,006 $435,306 $568,356


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Year 8 $699,006 $406,828 $551,802

Year 9 $699,006 $380,213 $535,730

Year 10 $699,006 $355,339 $520,126

Total $31,488,645 $24,485,469 $28,093,215

Annualized $3,486,180 $3,293,382

This alternative was not chosen because it would not provide the lowest cost with

the maximum benefits.

B. Small Entities

Pursuant to the Regulatory Flexibility Act,16we have considered whether this rule

would have a significant economic impact on a substantial number of small entities. The

term small entities comprises small businesses, not-for-profit organizations that are

independently owned and operated and are not dominant in their fields, and governmental

jurisdictions with populations of less than 50,000.

We conducted a final regulatory flexibility analysis based on the updated

population numbers resulting from a comment received in the NPRM. Using those

updated population numbers, we can determine there are approximately 2,893 owners of

49,151 barges. From the 2,893 owners, we researched 276 randomly selected small

entities to determine if they fell below or exceeded the threshold for a small entity, as

determined by the U.S. Small Business Association (SBA). To establish whether an

entity was below the threshold or above the threshold, we used the North American

Industry Classification System (NAICS) code for each industry and the small entity

qualifying definitions for each NAICS code established by the SBA for businesses. The

following provides a breakdown of the size determination for the entities:

2 Government or non-profit exceeding the threshold

165 U.S.C. 601612.


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0 Government or non-profit below the threshold

32 businesses exceeding the threshold

94 businesses below the threshold

148 unknown and therefore considered small

Based on this analysis, 88 percent of the sample is small entities.

Table 3 provides a description of the most-prevalent NAICS for the small entities.

NAICS Industry

% of

Small

Entities

SBA Size

Threshold

(less than

threshold

small)

SBA Size

Standard

Type

No. of

Entities238910 Site Preparation Contractors 7.45% $15,000,000 Revenue 7

336611 Ship Building and Repairing 7.45% 1000 Employees 7

236115

New Single-family HousingConstruction (Except For-SaleBuilders) 6.38% $36,500,000 Revenue 6

237110Water and Sewer Line andRelated Structures Construction 5.32% $36,500,000 Revenue 5

441222 Boat Dealers 4.26% $32,500,000 Revenue 4

483211Inland Water FreightTransportation 4.26% 500 Employees 4

488330Navigational Services toShipping 4.26% $38,500,000 Revenue 4

236220Commercial and InstitutionalBuilding Construction 3.19% $36,500,000 Revenue 3

237310Highway, Street, and BridgeConstruction 3.19% $36,500,000 Revenue 3

237990Other Heavy and CivilEngineering Construction 3.19% $36,500,000 Revenue 3

423320

Brick, Stone, and RelatedConstruction Material Merchant

Wholesalers 3.19% 100 Employees 3541330 Engineering Services 3.19% $15,000,000 Revenue 3

- All others 44.68% 42

Total 100% 94


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Company revenue for businesses below the threshold, as established by the SBA,

ranges from $42,000 to $12.5 billion. The per company cost ranges from $295 for one

vessel to $6,195 for 21 barges. We anticipate that 99 percent of the affected entities will

have an impact of less than 1 percent of revenue. Only one percent will have an impact of

between 1 and 3 percent.

Impact Range Number of Entities Percentage

0% Impact < 1% 93 98.94%

1% Impact < 3% 1 1.06%

Impact > 5% 0 0.00%

Total 94

Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not

have a significant economic impact on a substantial number of small entities.

C. Assistance for Small Entities

As required by section 213(a) of the Small Business Regulatory Enforcement

Fairness Act of 1996,17

we offered to assist small entities in understanding this rule so

that they could better evaluate its effects on them and participate in the rulemaking. At

this time no requests for assistance by small entities have been submitted to the Coast

Guard. The Coast Guard will not retaliate against small entities that question or complain

about this rule or any policy or action of the Coast Guard.

D. Collection of Information

This rule calls for no new collection of information under the Paperwork

Reduction Act of 1995.18

E. Federalism

17Pub. L. 104-121.18Codified at 44 U.S.C. 35013520.


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A rule has implications for federalism under E.O. 13132 (Federalism) if it has a

substantial direct effect on State or local governments and would either preempt State law

or impose a substantial direct cost of compliance on them. We have analyzed this rule

under E.O. 13132 and have determined that it has the following implications for

federalism.

Before passage of the Act, the lifesaving device requirements found in 46 U.S.C.

4102(b) did not apply to certain uninspected vessels not carrying passengers for hire.

By passing the Act, Congress expressly intended existing Coast Guard regulations to

apply to these vessels that were previously exempted. Therefore, existing State or local

laws or regulations that regulate the installation, maintenance, and use of life preservers

and other lifesaving devices for individuals on board uninspected vessels are preempted,

but only insofar as a State or local law or regulation conflicts with the federal regulation.

Given our analysis, the Coast Guard recognizes the key role State and local

governments may have in making regulatory determinations. Additionally, Sections 4

and 6 of E.O. 13132 require that for any rules with preemptive effect, the Coast Guard

shall provide elected officials of affected State and local governments and their

representative national organizations the notice and opportunity for appropriate

participation in any rulemaking proceedings, and to consult with such officials early in

the rulemaking process. Therefore, we invited affected State and local governments and

their representative national organizations to indicate their desire for participation and

consultation in this rulemaking process by submitting comments to this notice; no such

comments were received.

F. Unfunded Mandates Reform Act


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The Unfunded Mandates Reform Act of 199519requires Federal agencies to

assess the effects of their discretionary regulatory actions. In particular, the Act

addresses actions that may result in the expenditure by a State, local, or tribal

government, in the aggregate, or by the private sector of $100,000,000 (adjusted for

inflation) or more in any one year. Though this rule will not result in such an

expenditure, we do discuss the effects of this rule elsewhere in this preamble.

G. Taking of Private Property

This rule will not cause a taking of private property or otherwise have taking

implications under E.O. 12630 (Governmental Actions and Interference with

Constitutionally Protected Property Rights).

H. Civil Justice Reform

This rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988

(Civil Justice Reform), to minimize litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

We have analyzed this rule under E.O. 13045 (Protection of Children from

Environmental Health Risks and Safety Risks). This rule is not an economically

significant rule and would not create an environmental risk to health or risk to safety that

might disproportionately affect children.

J. Indian Tribal Governments

This rule does not have tribal implications under E.O. 13175 (Consultation and

Coordination with Indian Tribal Governments), because it would not have a substantial

direct effect on one or more Indian tribes, on the relationship between the Federal

19Codified at 2 U.S.C. 15311538.


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Government and Indian tribes, or on the distribution of power and responsibilities

between the Federal Government and Indian tribes.

K. Energy Effects

We have analyzed this rule under E.O. 13211 (Actions Concerning Regulations

That Significantly Affect Energy Supply, Distribution, or Use). We have determined

that it is not a significant energy action under that order because it is not a significant

regulatory action under E.O. 12866 and is not likely to have a significant adverse effect

on the supply, distribution, or use of energy.

L. Technical Standards

The National Technology Transfer and Advancement Act20

directs agencies to use

voluntary consensus standards in their regulatory activities unless the agency provides

Congress, through OMB, with an explanation of why using these standards would be

inconsistent with applicable law or otherwise impractical. Voluntary consensus standards

are technical standards21

that are developed or adopted by voluntary consensus standards

bodies. This rule does not use technical standards. Therefore, we did not consider the use

of voluntary consensus standards.

M. Environment

We have analyzed this rule under DHS Management Directive 023.01 and

Commandant Instruction M16475.lD, which guide the Coast Guard in complying with

the National Environmental Policy Act of 1969 (NEPA),22and have concluded that this

action is one of a category of actions, which do not individually or cumulatively have a

20Codified as a note to 15 U.S.C. 272.21For example, specifications of materials, performance, design, or operation; test methods; samplingprocedures, and related management systems practices.22Codified at 42 U.S.C. 43214370f.


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significant effect on the human environment. This rule is categorically excluded under

section 2.B.2, figure 2-1, paragraphs (34)(d) and (e) of the Instruction, and 6(a) of our

2002Federal Register notice of categorical exclusions.23

This rule involves regulations

concerning equipping of vessels, equipment approval and carriage requirements and

vessel operation safety standards.

List of Subjects

46 CFR Part 2

Marine safety, Reporting and recordkeeping requirements, Vessels.

46 CFR Part 24

Marine safety.

46 CFR Part 25

Fire prevention, Marine safety, Reporting and recordkeeping requirements.

46 CFR Part 30

Cargo vessels, Foreign relations, Hazardous materials transportation, Penalties,

Reporting and recordkeeping requirements, Seamen.

46 CFR Part 70

Marine safety, Passenger vessels, Reporting and recordkeeping requirements.

46 CFR Part 90

Cargo vessels, Marine safety.

46 CFR Part 188

Marine safety, Oceanographic research vessels.

For the reasons discussed in the preamble, the Coast Guard amends 46 CFR parts

2, 24, 25, 30, 70, 90, and 188 as follows:

2367 FR 48243 (Jul. 23, 2002).


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PART 2VESSEL INSPECTIONS

1. Revise the authority citation for part 2 to read as follows:

Authority: Sec. 622, Pub. L. 111-281; 33 U.S.C. 1903; 43 U.S.C. 1333; 46

U.S.C. 2103, 2110, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277,

sec. 1-105; Department of Homeland Security Delegation No. 0170.1(II)(77), (90),(92)(a), (92)(b).

2.01-7 [Amended]

2. Amend 2.01-7 to remove the phrase carrying passengers or passengersfor

hire from Table 2.01-7(a), column 5, rows 3 and 4, and remove the phrase None from

column 5, row 6, adding in its place the phrase All vessels not covered by columns 2, 3,

4, and 6.

PART 24GENERAL PROVISIONS


Authority: 46 U.S.C. 2103, 2113, 4302; E.O. 12234,45 FR 58801, 3 CFR, 1980Comp., p. 277, sec. 1-105; Department of Homeland Security Delegation No.0170.1(II)(92)(a), (92)(b).

24.05-1 [Amended]

4. Amend 24.05-1 to remove the phrase carrying passengers or passengers

forhire from Table 24.05-1(a), column 5, rows 3 and 4, and remove the phrase None

from column 5, row 6, adding in its place the phrase All vessels not covered by columns

2, 3, 4, and 6.

PART 25REQUIREMENTS


Authority: 33 U.S.C. 1903(b); 46 U.S.C. 2103, 3306, 4102, 4302; Department ofHomeland Security Delegation No. 0170.1(II)(77), (92)(a), 92(b).


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25.25-1 [Amended]

6. Amend 25.25-1 as follows:

a. In paragraph (a) following the text noncommercial use;, add the word and;

b. In paragraph (b) following the text noncommercial use, remove the

semicolon, and add, in its place, a period; and

c. Remove paragraphs (c) and (d).

7. Revise 25.25-3 to read as follows:

25.25-3 Definitions.

As used in this subpart:

(a)Approval seriesmeans the first six digits of a number assigned by the Coast

Guard to approved equipment. Where approval is based on a subpart of subchapter Q of

this chapter, the approval series corresponds to the number of the subpart. A listing of

current and formerly approved equipment and materials may be found on the Internet at:

http://cgmix.uscg.mil/equipment. Each OCMI may be contacted for information

concerning approved equipment.

(b)Approvedmeans approved under subchapter Q of this chapter.

(c) Usemeans operate, navigate, or employ.

8. Revise 25.25-5 to read as follows:

25.25-5 Life preservers and other lifesaving equipment required.

(a) No person may operate a vessel to which this subpart applies unless it meets

the requirements of this subpart.


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(b) (1) Each vessel not carrying passengers for hire and less than 40 feet in length

must have on board at least one wearable personal flotation device (PFD) approved under

subchapter Q of this chapter, and of a suitable size for each person on board.

(2) Each vessel carrying passengers for hire, and each vessel not carrying

passengers for hire and 40 feet in length or longer, must have at least one PFD approved

under approval series 160.055, 160.155, or 160.176, and of a suitable size for each person

on board.

(3) In addition to the equipment required by paragraphs (b)(1) and (b)(2) of this

section, each vessel 26 feet in length or longer, except for a barge to which this subpart

applies, must have at least one approved lifebuoy, and each uninspected passenger vessel

of at least 100 gross tons must have at least three approved lifebuoys. Lifebuoys must be

approved under approval series 160.050 or 160.150, except that a lifebuoy approved

under former 46 CFR 160.009 prior to May 9, 1979(see 46 CFR chapter I, revised as of

October 1, 1979), may be used as long as it is in good and serviceable condition.

(c)(1) Each vessel not carrying passengers for hire may substitute an immersion

suit approved under 46 CFR 160.171 for a wearable PFD required under paragraphs

(b)(1) or (b)(2) of this section.

(2) On each vessel, regardless of length and regardless of whether carrying

passengers for hire, an approved commercial hybrid PFD approved under approval series

160.077, may be substituted for a PFD approved under approval series 160.055, 160.155,

or 160.176, if it is

(i) Used in accordance with the conditions marked on the PFD and in the owner's

manual; and


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(ii) Labeled for use on commercial vessels.

9. Amend 25.25-9, as follows:

a. In paragraph (a), remove the text 25.255 (b), (c) and (e) and add, in its

place, the text 25.255(b) and (c); and

b. In paragraph (b), remove the text 25.255(d) and add, in its place, the text

25.255(b); and

c. Add a paragraph (c) to read as follows:

25.25-9 Storage.

* * * * *

(c) For a barge to which this subpart applies, the wearable lifesaving equipment

specified in 25.25-5 need not be stored on board the barge if the barges operator stores

it elsewhere, and ensures that each individual dons the equipment or a work vest

approved under 46 CFR 160.053 before boarding the barge and keeps it on for as long as

the individual remains on board and at risk of falling overboard.



Authority: 46 U.S.C. 2103, 3306, 3703; Department of Homeland Security

Delegation No. 0170.1(II)(92)(a), (92)(b).

30.01-5 [Amended]


forhire from Table 30.015(d), column 5, rows 3 and 4, and remove the word None


2, 3, 4, and 6.


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Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980

Comp., p. 277, sec. 1-105; Department of Homeland Security Delegation No.0170.1(II)(92)(a), (92)(b).

70.05-1 [Amended]


forhire from Table 70.051(a), column 5, rows 3 and 4, and remove the word None


2, 3, 4, and 6.



Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980Comp., p. 277,sec. 1-105; Department of Homeland Security Delegation No.0170.1(II)(92)(a), (92)(b).

90.05-1 [Amended]




2, 3, 4, and 6.



Authority: 46 U.S.C. 2103, 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980Comp., p. 277,sec. 1-105; Department of Homeland Security Delegation No.0170.1(II)(92)(a), (92)(b).

188.05-1 [Amended]


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2, 3, 4, and 6.

J. G. LantzDirector of Commercial Regulations and StandardsU. S. Coast Guard

[FR Doc. 2014-21541 Filed 09/09/2014 at 8:45 am; Publication Date: 09/10/2014]

DHS Life Jacket Rule - Sept. 10, 2014

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